Juridical Review Of Sexual Abuse Of Minors According To Law No. 35 Of 2014 Concerning Child Protection (Decision Study No. 2591/Pid.Sus/2017/PN.Mdn)

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Juridical Review of Sexual Abuse of Minors According to Law No. 35 of 2014 Concerning Child Protection (Decision Study No. 2591/Pid.Sus/2017/PN.Mdn)

Introduction

The rapid development of Indonesian society has led to an increase in various crimes, including sexual abuse of children. This serious problem violates the norms of politeness and decency, especially those related to lust. For instance, a man who feels the genitals of an underage woman can be categorized as sexual abuse. Realizing the importance of protection against children, various steps need to be taken to prevent this criminal act. With this background, this article will discuss a juridical review of sexual abuse of minors according to Law No. 35 of 2014 concerning Child Protection, with a Case Study of Decision No. 2591/Pid.Sus/2017/PN.Mdn.

Research Purpose and Methods

This research has two main objectives. First, to understand the application of criminal law to the crime of child abuse. Second, to identify the judge's consideration in imposing criminal sanctions for the perpetrators of child abuse. The research method used is a normative approach with primary data support from statutory regulations, and secondary data in the form of books, journals, and other sources. Data analysis is carried out qualitatively with inductive and deductive methods.

Legal Arrangements and Regulations Related to Child Abuse

The results showed that there were several legal regulations governing criminal acts of sexual abuse of children. Among others are:

  1. Criminal Code (KUHP) which includes articles 289, 290, 292, 293, 294, 295, and 296. These articles define various forms of sexual crime and sanctions imposed on the perpetrators.

  2. Law No. 35 of 2014 concerning Child Protection, especially Article 76 (E) which regulates the rights of children to be protected from adverse actions and Article 82 which provides criminal sanctions for perpetrators of sexual abuse.

  3. Law No. 11 of 2012 concerning the child's criminal justice system, which pays attention to the interests of children as perpetrators of crime in articles 21, 69, 70, 71, 79, 82, and 83.

Judge's Consideration in Bringing Down the Decision

In Decision No. 2591/Pid.Sus/2017/PN-MDN, the judge considers various aspects in imposing criminal sanctions. The main consideration is the fulfillment of the elements contained in Article 82 of Law No. 23 of 2002 as well as information from witnesses and evidence submitted in the trial. The judge also assessed the psychological impact experienced by the victim and the importance of providing a deterrent effect to the perpetrators.

Analysis and Closing

The crime of child abuse is a serious problem that requires the attention of various parties, ranging from law enforcers, the community, to the government. Although there are clear regulations, its implementation in the field still requires strict supervision so that there are no gaps for the perpetrators to violate the law. Public awareness of the importance of child protection from sexual crimes must be improved, so that children can grow and develop in a safe and free environment of threats.

Through this juridical study, it is expected to be able to provide deeper insights regarding handling cases of child abuse and provide advice to improve the child protection system in Indonesia.

Conclusion

In conclusion, the juridical review of sexual abuse of minors according to Law No. 35 of 2014 concerning Child Protection has provided a comprehensive understanding of the legal arrangements and regulations related to child abuse. The study also highlighted the importance of public awareness and strict supervision in preventing child abuse. The findings of this study can be used as a reference for policymakers, law enforcers, and the community to improve the child protection system in Indonesia.

Recommendations

Based on the findings of this study, the following recommendations are made:

  1. Improving public awareness of the importance of child protection from sexual crimes.
  2. Strengthening the implementation of laws and regulations related to child abuse.
  3. Providing training and education for law enforcers and other stakeholders on child protection.
  4. Establishing a child protection system that is effective and efficient in preventing child abuse.

By implementing these recommendations, it is hoped that the child protection system in Indonesia can be improved, and the incidence of child abuse can be reduced.

Limitations of the Study

This study has several limitations. First, the study only focused on the legal aspects of child abuse, and did not consider the social and cultural aspects. Second, the study only analyzed one case study, and did not conduct a comprehensive analysis of all cases of child abuse in Indonesia. Third, the study only considered the legal regulations related to child abuse, and did not consider other relevant laws and regulations.

Future Research Directions

Future research can build on the findings of this study by:

  1. Conducting a comprehensive analysis of all cases of child abuse in Indonesia.
  2. Considering the social and cultural aspects of child abuse.
  3. Analyzing the effectiveness of the child protection system in Indonesia.
  4. Evaluating the impact of the child protection system on the incidence of child abuse.

By conducting further research, it is hoped that a more comprehensive understanding of child abuse can be gained, and the child protection system in Indonesia can be improved.
Frequently Asked Questions (FAQs) on Juridical Review of Sexual Abuse of Minors According to Law No. 35 of 2014 Concerning Child Protection (Decision Study No. 2591/Pid.Sus/2017/PN.Mdn)

Q1: What is the main objective of this juridical review?

A1: The main objective of this juridical review is to understand the application of criminal law to the crime of child abuse and to identify the judge's consideration in imposing criminal sanctions for the perpetrators of child abuse.

Q2: What are the legal arrangements and regulations related to child abuse?

A2: The legal arrangements and regulations related to child abuse include the Criminal Code (KUHP), Law No. 35 of 2014 concerning Child Protection, and Law No. 11 of 2012 concerning the child's criminal justice system.

Q3: What are the elements of child abuse according to Law No. 35 of 2014?

A3: According to Law No. 35 of 2014, the elements of child abuse include the act of causing harm or danger to a child, including physical, emotional, or psychological harm.

Q4: What is the punishment for perpetrators of child abuse according to Law No. 35 of 2014?

A4: According to Law No. 35 of 2014, the punishment for perpetrators of child abuse can range from 5 to 15 years in prison, depending on the severity of the crime.

Q5: What is the role of the judge in imposing criminal sanctions for perpetrators of child abuse?

A5: The judge plays a crucial role in imposing criminal sanctions for perpetrators of child abuse. The judge must consider various aspects, including the fulfillment of the elements of the crime, the severity of the crime, and the impact on the victim.

Q6: What is the importance of public awareness in preventing child abuse?

A6: Public awareness is crucial in preventing child abuse. By raising awareness about the importance of child protection, the community can play a vital role in preventing child abuse and supporting victims of child abuse.

Q7: What are the limitations of this study?

A7: The limitations of this study include the focus on the legal aspects of child abuse, the analysis of only one case study, and the consideration of only the legal regulations related to child abuse.

Q8: What are the future research directions?

A8: Future research directions include conducting a comprehensive analysis of all cases of child abuse in Indonesia, considering the social and cultural aspects of child abuse, analyzing the effectiveness of the child protection system in Indonesia, and evaluating the impact of the child protection system on the incidence of child abuse.

Q9: What are the recommendations for policymakers, law enforcers, and the community?

A9: The recommendations for policymakers, law enforcers, and the community include improving public awareness of the importance of child protection, strengthening the implementation of laws and regulations related to child abuse, providing training and education for law enforcers and other stakeholders on child protection, and establishing a child protection system that is effective and efficient in preventing child abuse.

Q10: What is the significance of this study?

A10: This study is significant because it provides a comprehensive understanding of the legal arrangements and regulations related to child abuse, highlights the importance of public awareness and strict supervision in preventing child abuse, and provides recommendations for policymakers, law enforcers, and the community to improve the child protection system in Indonesia.